Gender Quotas and Their Applicability to Bhutan



In light of the prevailing underrepresentation and downward trajectory of female participation in Parliament, Bhutan has thus far refrained from implementing any form of gender quotas. On the contrary, a total of 140 countries have so far adopted either constitutional, electoral, or political party quotas to improve women’s representation in their parliaments.[1] Nevertheless, there is increasing pressure to either emulate the practices of other nations by implementing gender quotas or to significantly enhance representation through alternative means in order to address the existing void in parliamentary representation.

The outcome of the 2023-24 parliamentary elections in Bhutan saw a historic low in women's representation, with only three women securing seats out of a total of 67 (two in the National Assembly and one in the National Council). This marked an all-time record-low, prompting widespread criticism from both the public and the press. It was the first instance since the 2008 democratic elections where concerns about the inadequate representation of women in Parliament were voiced unanimously.




Hon'ble Norbu Yangzom of Jomotsangkha-Martshala.


On BBS, the state-run television, the outcome of the election and the underrepresentation of women were featured prominently in its news bulletin headlines. It read as: “Only two women elected to National Assembly, lowest since 2008.”[2] The Bhutanese ran an editorial with this opening statement: 
 
A critical issue continues to cast a shadow over the democratic fabric of the nation - the underrepresentation of women in key political positions. As voices from various regions express their opinions on the matter, it becomes evident that the struggle for gender equality in politics is both a pressing concern and a catalyst for change.[3]
 
Kuensel suggested: “For the present, and for short-term gains, instituting ‘temporary special measures’ in the form of quota to have sufficient women representation could plug the gap and make politics more inclusive.”[4]


Hon'ble Yeshey Dem of Khaled-Lunana.
 
Subsequently, the general populace turned to social media platforms to voice their concerns regarding women's representation. Phuentshog expressed astonishment on Facebook, labelling the situation as a "shocker," while Yoenten remarked that "our voters have utterly failed." Denkar critiqued the perceived dissonance between Bhutan's acclaimed gender equality narrative and the actual reality. Sonam proposed a re-evaluation of gender quotas, stating that "it is time to reconsider gender quotas." Additionally, an individual using the pseudonym Amajang opined that "the time is ripe for gender quotas."
 
Indeed, the demand for gender quotas has never been more pronounced since the establishment of democratic governance in 2008. However, before delving into the intricacies of gender quotas and their relevance in Bhutan's context, it is crucial to provide a brief overview of the existing laws and policy interventions.
 
The Constitution of Bhutan under Article 7 (15) guarantees that “All persons are equal before the law and are entitled to equal and effective protection of the law and shall not be discriminated against on the grounds of race, sex, language, religion, politics or other status”. Additionally, among the various policy initiatives undertaken by successive governments, two notable ones are the National Plan of Action for Gender (NPAG) implemented during the 10th Five-Year Plan and the National Plan of Action to Promote Gender Equality in Elected Office (NPAPGEEO) formulated in 2015. These initiatives encompass strategies aimed at augmenting women's engagement in politics through activities focused on awareness raising and capacity building. Additionally, both action plans proposed "temporary special measures for women's participation" as part of their strategies.
 
Furthermore, all through the 11th and 12th Five-Year Plans, gender inclusivity and empowerment had been emphasized as indicators in the National Key Result Areas (NKRA). Specifically, in the 11th Five Year Plan’s NKRA, one of the key performance indicators was “to draft legislation to ensure quotas for women in the elected public offices”. The 12th Five-Year Plan, executed under the third democratically government, had“Gender Equality and Women and Girls Empowered” as a NKRA
 
At the non-governmental level, notably the Bhutan Network for Empowering Women (BNEW) conducted a series of gender-sensitive workshops and capacity-building trainings specifically designed for women candidates. These initiatives were reported to have benefitted candidates contesting both parliamentary and local government seats. The organization's efforts were particularly impactful at the local government level, leading to a rise in the number of women elected to decision-making bodies. Regrettably, despite its positive contributions, BNEW ceased its operations in 2023.
 
Notwithstanding policy interventions and gender-neutral laws, the declining trend of women in Parliament and the uncertain future of women's representation in local government highlight the urgent need for Bhutan to adopt gender quotas that are applicable to its context. Until the recent elections, however:
 
The adoption of quotas has met with mixed reactions from both women and men in Bhutan. During the national conferences and consultations, it was felt that having a quota for women in elected office undermined the capacity and competency of women, and quotas alone would not be adequate to address the issue.[5]
 
Nevertheless, the situation has evolved significantly over the course of four consecutive elections, leading to a shift in public opinion regarding the necessity of gender quotas and the importance of women's representation. Consequently, there is now a higher level of acceptance for quotas than previously observed.
 
The party-level quota system appears to be highly applicable in Bhutan, provided all political parties agree to its implementation. For instance, if each political party commits to reserving a minimum of 15 out of 47 constituencies for women, significant improvements in women's participation can be achieved. With five political parties, this would result in 75 women contesting in the primary elections and 30 women in the general elections. This approach logically increases the chances of winning for women candidates due to higher participation rates. And the decision to adopt this quota system can be made either voluntarily by political parties or through a statutory measure by amending the ECB Act. The latter option, ensuring a legal requirement, would likely lead to more positive outcomes as political parties would be bound by law to fulfill their commitments.
 
Furthermore, it is recommended to reserve a proportional ratio of ministerial positions for women based on the number of women elected into a ruling party. This would further ensure women's representation and participation at higher levels of government.
 
However, the National Council faces significant constraints in implementing changes. As an apolitical entity, the adoption of a party-based quota system is highly improbable. The establishment of reserved seats for women necessitates a constitutional amendment, which is unlikely to occur under normal circumstances. Nevertheless, the appointment of two out of five seats for women by the King has effectively fulfilled the objective similar to that of reserved quotas. In essence, these two seats are permanently allocated for women, with the potential for further allocations in the future.

[1] International IDEA. Data accessed February 19, 2024. https://www.idea.int/data-tools/data/gender-quotas-database/countries.
[2] Sherub Dorji, "Only Two Women Elected to National Assembly, Lowest Since 2008." BBS, January 10, 2024. Accessed March 26, 2024. https://www.bbs.bt/news/?p=197480.
[3] Monica Rai, “The public say on women’s representation in politics,” The Bhutanese, January 20, 2024, para. 1, https://thebhutanese.bt/the-public-say-on-womens-representation-in-politics/
[4] “Women and Elections,” Kuensel, January 13, 2024, para. 9, https://kuenselonline.com/women-and-elections/
[5] Chhoden and Lhamu (2022)

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